151.04 PROCEDURE FOR VARIANCE.

   (a)    Nature of Variance. On a particular property, extraordinary circumstances may exist making a strict enforcement of the applicable zoning and sign ordinances unreasonable. The procedure for variance from zoning development standards is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change of the primary use of the land or structure permitted. A variance from sign development standards is provided to allow the flexibility necessary to adapt to unusual conditions both foreseen and unforeseen, which might exist on the subject property, or be created by signing, obstructions and/or visibility barriers, on adjacent properties.

   (b)    Written Application. Two copies of a provided application accompanied by a copy of the denied certificate of zoning or sign use and a statement of the reason for denial shall be filed with the Chairman of the Board not more than twenty days from the date such denial of the certificate of zoning or sign use is issued by the administrative officer.

   (c)    Description of Property and Nature of Variance. The application shall include the following statements:

      (1)    The nature of the variance, including the specific provisions of the zoning or sign ordinance upon which the variance is requested.

      (2)    A legal description of the property for zoning variances.

      (3)    A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district for zoning variances, and in commercial districts the proposed business uses for the total property.

      (4)    A statement showing that the special conditions and circumstances do not result from the actions of the applicant.

      (5)    A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.

      (6)    Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board.

   (d)    Plot Plan. The application shall be accompanied by three copies of a plot plan drawn to an appropriate scale, which shall be determined by the Board, showing the following:

      (1)    The boundaries and dimensions of the lot.

      (2)    The nature of the special conditions or circumstances giving rise to the application for approval.

      (3)    The size and location of existing and proposed structures and all signs on or proposed for the property.

      (4)    The proposed use of all parts of the lot and structures, including accessway, walks, off-street parking and loading spaces and landscaping for zoning variances and the proposed business uses for the total property, the parking and pedestrian walks in front of the building, the landscaping and the use of the property beneath or adjacent to a free-standing sign for a sign variance.

      (5)    The relationship of a requested zoning variance to the development standards of the City as shown in the Master Plan or appropriate zoning classification.

      (6)    The use of land and location of structures and free-standing signs on adjacent property, the names and addresses of the owners of property within and contiguous to and directly across the street from such parcel or parcels upon which a variance is sought.

   (e)    Review by Planner. The Board may forward a copy of the application and plot plan to the City Planner for review with a request that the City Planner submit a report to recommend approval, modification or disapproval of the variance and the reasons therefore.

   (f)   Notice of Hearing. At the direction of the Chairman of the Board, the Chief Building Inspector shall cause written notice of the hearing to be published in a newspaper of general circulation in Franklin County, Ohio, and written notice of the hearing shall be mailed at least ten days before the date of the public hearing to the owners of property within and contiguous to the addresses of such owners, appearing on the County Auditor's current tax list or the Treasurer's real estate tax mailing list. No notice shall be required if there is filed with the application waivers from the property owners who are entitled to such notice.

   If there is no quorum present at a meeting for which required notice was given, those members present can establish a date for a new meeting not to exceed ten days thereafter which notice shall be given verbally to all persons present at such meeting and written notice shall be given at least five days thereafter to those members of the Board who were not present at such meeting. No subsequent legal notice need be given.

   (g)    Approval of Variance. The Board shall only approve a variance or modification if the following findings are made:

      (1)    That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district or in the case of a sign variance, in the City as a whole.

      (2)    That a literal interpretation of the provisions of the zoning or sign ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance of the City or in the case of a sign variance, in the City as a whole.

      (3)    That the special conditions and circumstances do not result from the action of the applicant.

      (4)    That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning or sign ordinance to other lands or structures in the same zoning district, or in the case of a sign variance, in the City as a whole.

      (5)    That granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development and will not be materially detrimental to the public welfare or injurious to public improvements in the vicinity or injurious to private property or to business properties in the immediate vicinity.

      (6)    Following a zoning variance, a building permit may be obtained only for the development of the property in accordance with the recommendations and plot plan as approved by the Board and such changes or construction must be fully completed within the period of one year from the date of final approval by the Board, unless an extension of time is approved by the Board and additional fee may be waived.

         (Ord. 40-75. Passed 5-6-75.)